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Make Student Loan Debt Dischargeable in Bankruptcy…Again

04/02/12

Why Not Student Loans? In the famous decision, Local Loan Co. vs. Hunt, the Supreme Court summed up the relatively simple policy behind our bankruptcy laws: the ”honest but unfortunate” debtor is given the opportunity to start over, “unhampered by the pressure and discouragement of preexisting debt.” The idea of periodic debt forgiveness is ancient, appearing numerous [...]

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Debt Settlement Attorneys Beware, the Bankruptcy Court She’s a Watchin’

04/02/12

The Bankruptcy Court Scrutinizes Fees Charged by Consumer Attorneys By definition, the assets of bankruptcy debtors are limited. Taking this reality into account, the Bankruptcy Code has historically required debtor attorneys to disclose their fees, and in some cases, prove that what they’ve charged is reasonable. In order to protect debtors who have fallen on [...]

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A Visit From the Sheriff Doesn’t Mean You’re Going to Jail

03/30/12

The Sheriff Came to My Home, Have I Committed a Crime? I received a call yesterday from a client who was concerned about a recent visit from the sheriff. After a Homeowners Association instituted foreclosure proceedings because of delinquent dues, the sheriff came by my client’s home to give notice of the upcoming foreclosure hearing. [...]

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A Visit From the Sheriff Doesn’t Mean You’re Going to Jail

03/30/12

The Sheriff Came to My Home, Have I Committed a Crime? I received a call yesterday from a client who was concerned about a recent visit from the sheriff. After a Homeowners Association instituted foreclosure proceedings because of delinquent dues, the sheriff came by my client’s home to give notice of the upcoming foreclosure hearing. [...]

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When You’re Too Broke to File Bankruptcy…

03/29/12

How Can I Pay For Bankruptcy? At first blush, the title of this post “When You’re Too Broke to File Bankruptcy” may seem counter intuitive to some. After all, isn’t it people who are by definition “broke” and struggling with debt who turn to bankruptcy to hit the reset button? While it is true that [...]

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SEC Kicks Stock Trader Out of Chapter 13 Bankruptcy

03/29/12

Too Much Debt Forces Trader Out of Chapter 13 It’s never a good thing when you owe money to the federal government. While that doesn’t come as a big surprise to most of us, the story of a Michigan stock broker reminds us yet again that Uncle Sam can and will play hard ball. Debtor [...]

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Can Filing Bankruptcy Save My Home?

03/29/12

Yes, Bankruptcy Might be Able to Save Your Home Yes, under certain circumstances, filing for bankruptcy can save your home from foreclosure, but read on, there are certain conditions that must be met before you qualify for relief. We’ll do our best to give you a guide to the process here in this post. Whether you [...]

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First Circuit: Lender Not Obligated to Foreclose on Home Surrendered in Bankruptcy

03/28/12

Surrendering Property Usually Allows the Debtor to Walk Away From Underwater Property. What Happens When the Bank Refuses to Take Ownership? One of the big advantages for consumers filing bankruptcy is the ability to surrender property they can no longer afford. Through bankruptcy, debtors can avoid a deficiency lawsuit and get rid of personal liability [...]

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The Complicated California Foreclosure Process Explained

03/28/12

California foreclosure laws are among the nation’s most complex but are also fairly consumer friendly. In this post, we will attempt to provide good answers to the most common questions California residents have about the foreclosure process, both before and after a sale. A Brief Introduction to Mortgages In order to fully grasp the information [...]

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Am I Protected by the Arizona Anti-Deficiency Statute?

03/28/12

Am I Protected by Arizona’s Anti-Deficiency Law After Foreclosure? When most families purchase a home, they don’t envision ending up facing a foreclosure sale, but in states like Arizona where the housing market has been particularly hard hit, foreclosure is an all too common event. In cases where a home has plummeted in value, borrowers [...]

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